Deputyship and Court of Protection applications

When a person is no longer mentally capable of managing their affairs, and there is no Enduring Power of Attorney or Lasting Power of Attorney in place, there will be difficulties for the family in gaining access to bank accounts, selling the house and arranging care. In such situations, it will be necessary to apply to the Court of Protection to appoint a ‘deputy’ for the person who is no longer capable of looking after their own affairs.

A deputy is a person appointed by the Court of Protection to manage the property and affairs of a person who lacks capacity, and a deputy can also be appointed to make health and welfare decisions. Everything done for that person must be done in their best interests. The role of a deputy carries responsibilities and it should be noted that anyone working with, or caring for, adults who lack capacity has a legal duty to have regard to the Mental Capacity Act 2005 Code of Practice and it is now a criminal offence to neglect or ill treat a person who lacks capacity. Anyone found guilty could face up to 5 years in prison. It is, therefore, particularly important that legal and financial advice is sought at the earliest opportunity.

Someone who has lost capacity is unable to make or amend a Will and the powers of deputies and attorneys to make gifts on behalf of a person who lacks capacity are extremely limited. It may also be necessary to apply to the Court of Protection for an order to deal with a specific matter, such as making a gift to a member of the family, inheritance tax planning, and making or amending a Will.

equityCare Legal Services will give you access to a specialist Court of Protection Team who can give you information and advice on dealing with the property and affairs of someone who lacks capacity, including:

• Registering Enduring and Lasting Powers of Attorney.
• Applying to the Court of Protection to appoint a deputy for the person who is no longer capable of managing their affairs.
• Assist deputies in the performance of their duties.
• Applying to the Court of Protection to make a statutory Will.
• Making gifts and tax planning.

For more information on deputyship and Court of Protection applications, please call equityCare Legal Services direct on 01594 838940 or take a few minutes to complete our enquiry / request callback form and we will contact you as soon as possible.